Brooks et al v. FCI Lender Services, Inc. et al

Filing 38

ORDER signed by Magistrate Judge Kendall J. Newman on 4/24/2017 ORDERING Plaintiffs' shall have until 6/8/2017, to file a First Amended Complaint. (Reader, L)

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1 John Brooks Laura Brooks 2 1682 Chilton Dr. Roseville, CA 95747 3 Tel: (916) 532-8489 4 Plaintiffs in pro per 5 6 A NGLIN F LEWELLING R ASMUSSEN C AMPBELL & T RYTTEN LLP 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JOHN BROOKS, LAURA BROOKS, CASE NO.: 16-CV-02598-KJM-KJN 12 [Hon. Kendall J. Newman, Magistrate Judge] 13 14 15 16 17 18 19 20 Plaintiffs, v. [PROPOSED] ORDER ON JOINT STIPULATION FOR SECOND EXTENSION OF TIME FOR PLAINTIFFS TO FILE A FIRST AMENDED COMPLAINT FC1 LENDER SERVICES, INC, a Corporation; MDJ PROPERTIES, LLC, a Limited Liability Company; BUCKS FINANCIAL, LLC, a Limited Liability Company; SN SERVICING CORPORATION, CURRENT DEADLINE: APRIL 24, 2017 a Corporation; MADISON MANAGEMENT PROPOSED DEADLINE: JUNE 8, 2017 SERVICES, LLC, a Limited Liability Company; CALIFORNIA TD SPECIALISTS; HOMECOMING FINANCIAL, LLC, a Limited Liability Company; OCWEN LOAN SERVICING; AND DOES 1 TO 50 21 Defendants. 22 23 TO THE CLERK OF THE COURT AND THE HONORABLE KENDALL J. NEWMAN, 24 JUDGE: 25 Plaintiffs JOHN BROOKS AND LAURA BROOKS (“plaintiffs”) in pro se and 26 defendants FC1 LENDER SERVICES, INC (“FCI”) and SN SERVICING CORPORATION 27 (collectively, the “parties”), through their respective counsel of record, hereby submit the 28 following joint stipulation and proposed order that would extend for a second time the deadline 40752/000001/01721699-1 1 CASE NO. 16-CV-02598-KJM-KJN SECOND STIP TO EXTEND TIME TO FILE AMENDED COMPLAINT 1 for plaintiffs to file an amended pleading. Grounds for the stipulation and proposed order are as 2 follows: 1. On March 10, 2017 this Court extended Plaintiffs’ deadline to file a new pleading 4 until April 24, in light of the commencement of settlement discussion between 5 Plaintiffs and their lender (MDJ). [Doc. 33]. Initially, this Court authorized a First 6 Amended Complaint was to be filed and served by March 9, 2017, upon the grant of 7 A NGLIN F LEWELLING R ASMUSSEN C AMPBELL & T RYTTEN LLP 3 FCI’s (Servicer) motion to dismiss. [Doc. 31]. 8 2. Such discussions are now nearing completion, and the parties have moved 9 significantly closer to resolution, though a deal has not yet been struck. 10 11 12 3. There is a reasonable prospect that a deal will be reached in these current negotiations that will resolve the entire action without further litigation, hopefully. 4. For purposes of judicial economy, Plaintiffs and Defendants therefore stipulate to a 13 proposed order extending for a second time the time to for the Plaintiffs to file a First 14 Amended Complaint. 15 5. The Plaintiffs and Defendants request a 45 day extension from the present April 24 16 date, to and including June 28, 2017, for Plaintiffs’ to so amend, should settlement 17 discussions not come to fruition to avoid that filing. 18 Further, the parties request that the Court not set any further deadlines or status 19 conferences in the interim. 20 This is the second request for extension, the first having been granted, as noted above. 21 IT IS SO STIPULATED. 22 23 Dated: April 20, 2017 ___________________________________ JOHN BROOKS, in pro se 24 25 Dated: April 20, 2017 ___________________________________ LAURA BROOKS, in pro se 26 27 Respectfully submitted, 28 Dated: April 20, 2017 ANGLIN, FLEWELLING, RASMUSSEN, CAMPBELL & TRYTTEN LLP 40752/000001/01721699-1 2 CASE NO. 16-CV-02598-KJM-KJN SECOND STIP TO EXTEND TIME TO FILE AMENDED COMPLAINT 1 By: /s/ Fred Hickman Fred Hickman fhickman@afrct.com Attorneys for FCI LENDER SERVICES, INC. 2 3 4 5 6 A NGLIN F LEWELLING R ASMUSSEN C AMPBELL & T RYTTEN LLP 7 Respectfully submitted, Dated: April 20, 2017 WRIGHT, FINLAY & ZAK, LLP 8 By: /s/ Richard J. Lee Richard J. Lee Attorneys for SN SERVICING CORPORATION 9 10 11 12 13 ORDER Based on the foregoing stipulation, Plaintiffs’ shall have until June 8, 2017, to file a First 14 Amended Complaint. 15 IT IS SO ORDERED. 16 17 Dated: April 24, 2017 18 19 20 21 22 23 24 25 26 27 28 40752/000001/01721699-1 3 CASE NO. 16-CV-02598-KJM-KJN SECOND STIP TO EXTEND TIME TO FILE AMENDED COMPLAINT CERTIFICATE OF SERVICE 1 2 I, the undersigned, declare that I am over the age of 18 and am not a party to this action. I am employed in the City of Pasadena, California; my business address is 301 N. Lake Avenue, 3 Suite 1100, Pasadena, California 91101-4158. 4 On April 21, 2017, I served the foregoing document entitled: 5 [PROPOSED] ORDER ON JOINT STIPULATION FOR SECOND EXTENSION OF 6 TIME FOR PLAINTIFFS TO FILE A FIRST AMENDED COMPLAINT A NGLIN F LEWELLING R ASMUSSEN C AMPBELL & T RYTTEN LLP 7 on the interested parties in said case as follows: 8 Served By Means Other Than Via The Court’s CM/ECF System: 9 Plaintiffs Pro Se: 10 13 John Brooks Laura Brooks 1682 Chilton Drive Roseville, CA 95747 14 Tel: (916) 532-8489 11 12 15 [X] 16 17 18 BY MAIL: I am readily familiar with the firm's practice of collection and processing correspondence by mailing. Under that same practice it would be deposited with U.S. Postal Service on that same day with postage fully prepaid at Pasadena, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. 19 20 Served Via The Court’s CM/ECF System: Attorneys for SN Serving Corporation: Attorneys for Ocwen Loan Servicing: Richard J. Lee, Esq. WRIGHT FINLAY & ZAK, LLP 4665 MacArthur Court, Suite 200 Newport Beach, CA 92660 Dhruv M. Sharma, Esq. MCGLINCHEY STAFFORD 18201 Von Karman Avenue, Suite 350 Irvine, CA 92612-1082 25 Tel: (949) 477-5050 Fax: (949) 477-9200 Tel: (949) 381-5900 Fax: (949)861-9913 26 rlee@wrightlegal.net dsharma@mcglinchey.com 21 22 23 24 27 Certificate of Service Continued Next Page 28 40752/000001/01721699-1 CASE NO. 16-CV-02598-KJM-KJN CERTIFICATE OF SERVICE I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. I declare that I am employed in the office of a member of the 2 Bar of this Court, at whose direction the service was made. This declaration is executed in Pasadena, California on April 21, 2017. 3 1 4 5 Jill Ashley (Print Name) /s/ Jill Ashley (Signature of Declarant) 6 A NGLIN F LEWELLING R ASMUSSEN C AMPBELL & T RYTTEN LLP 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 40752/000001/01721699-1 CASE NO. 16-CV-02598-KJM-KJN CERTIFICATE OF SERVICE

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